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| date decided = 26 May 1932 | citations = | transcripts = (House of Lords transcript ) | judges = | number of judges = 5 | prior actions = Outer House of the Court of Session (([1930] SN 117 ))〔 | appealed from = Inner House of the Court of Session (([1930] SN 138 ))〔 | opinions = Manufacturers have a legal duty of care to the ultimate consumers of their products if it is not possible for defects to be identified before the goods are received.〔 | keywords = }} ''Donoghue v Stevenson'' () (UKHL 100 ) was a foundational decision in Scots delict law and English tort law by the House of Lords. It created the modern concept of negligence, by setting out general principles whereby one person would owe a duty of care to another person. Also known as the "Paisley snail"〔(【引用サイトリンク】url=http://www.paisleyonline.co.uk/html/paisley_snail.html )〕 or "snail in the bottle" case, the facts involved Mrs Donoghue drinking a bottle of ginger beer in a café in Paisley, Renfrewshire. A dead snail was in the bottle. She fell ill, and she sued the ginger beer manufacturer, Mr Stevenson. The House of Lords held that the manufacturer owed a duty of care to her, which was breached, because it was reasonably foreseeable that failure to ensure the product's safety would lead to harm of consumers. ==Facts== May McAllister was born on 8 July 1898 in the Glasgow parish of Cambuslang; she was the daughter of James and Mary Jane McAllister. McAllister married Henry Donoghue on 19 February 1916 and had four children with him; however, all but one, Henry, were born prematurely and lived no longer than two weeks. The couple separated in 1928 and McAllister, now Donoghue, moved into her brother's flat at 49 Kent Street, Glasgow. On the evening of Sunday 26 August 1928, during the Glasgow Trades Holiday, Donoghue took a train to Paisley, Renfrewshire, located seven miles west of Glasgow; the journey would have taken around thirty minutes.〔〔 In Paisley, she went to the Wellmeadow Café. At approximately 20:50 a friend, who may have travelled with Donoghue, was with her and ordered a pear and ice for herself and a Scotsman ice cream float, a mix of ice cream and ginger beer, for Donoghue.〔 The owner of the café, Francis Minghella, brought over a tumbler of ice cream and poured ginger beer on it from a brown and opaque bottle labelled "D. Stevenson, Glen Lane, Paisley".〔 Donoghue drank some of the ice cream float. However, when Donoghue's friend poured the remaining ginger beer into the tumbler, a decomposed snail also floated out of the bottle. Donoghue claimed that she felt ill from this sight, complaining of abdominal pain.〔 According to her later statements of facts (condescendences), she was required to consult a doctor on 29 August and was admitted to Glasgow Royal Infirmary for "emergency treatment" on 16 September.〔 She was subsequently diagnosed with severe gastroenteritis and shock.〔〔 The ginger beer had been manufactured by David Stevenson, who ran a company named after his identically-named father and produced both ginger beer and lemonade at 11 and 12 Glen Lane, Paisley, less than a mile away from the Wellmeadow Café.〔 The contact details for the ginger beer manufacturer were on the bottle label and recorded by Donoghue's friend.〔 Donoghue subsequently contacted and instructed Walter Leechman, a local solicitor and city councillor whose firm had acted (albeit unsuccessfully) for the claimants in a factually similar case, ''Mullen v AG Barr & Co Ltd'', less than three weeks earlier 〔 (see also George v Skivington). Despite the ruling in ''Mullen'', Leechman issued a writ on Donoghue's behalf against Stevenson on 9 April 1929.〔 The writ claimed £500 in damages, the same amount a claimant in ''Mullen'' had recovered at first instance, and £50 in costs.〔〔 The total amount Donoghue attempted to recover would be equivalent to at least £27,000 .〔〔(【引用サイトリンク】title=UK £ relative values )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Donoghue v Stevenson」の詳細全文を読む スポンサード リンク
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